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Re:Ask HN: Is the EULA on my new $30k RED cinema camera legal? by EMIRELADERO on Friday April 29, 2022 @04:55PM (#31210484)
No it does not. Contract law only requires a meeting of the minds between two parties. (Whether there is any meeting of the minds here is debatable)
Re:Ask HN: Is the EULA on my new $30k RED cinema camera legal? by kube-system on Friday April 29, 2022 @06:01PM (#31211077)
A "meeting of the minds" or "intention" is one of the elements that is required for a valid contract. But it's not the only one. (For example if two guys sit in a room and say "let's order a pizza" that is not a contract even though it does express an intention.)

You also need:

- an offer

- acceptance of that offer

- some sort of consideration, i.e. some exchange of value

- capacity (i.e. you can't contract with someone who is incapable of consenting)

- legality ("lets steal a car" is not a valid contract)

Re:Ask HN: Is the EULA on my new $30k RED cinema camera legal? by deathanatos on Friday April 29, 2022 @05:23PM (#31210724)
IANAL, but as I understand it, the parent is correct. Specifically, in contracts it is known as "consideration"; Googling this even gets you,

> Consideration in contracts refers to the benefit each party receives in exchange for what it gives up in the contract. It is a vital element that must be present in a contract in order to make it legally binding on the parties.

(though ofc., Google is also not a lawyer.)

There is no consideration here. (The purchase of the product is separate, or at least, ought to be, if these terms weren't considered by the buyer then. Otherwise, it's just bait & switch.)